Campbell v. United Collieries, Ltd [1911] ScotLR 140 (25 November 1911)
The pursuer's averments constituted a relevant case both at common law and under the Employers' Liability Act, and did not so clearly disclose contributory negligence as to bar proof. There was no need for discrimination between grounds of claim where the factual basis was the same.
- Citation
- [1911] ScotLR 140
- Parties
- Pursuer: James Campbell; Defender: United Collieries, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 25 November 1911
- Procedural Posture
- Reparation / Appeal From Dismissal for Irrelevancy
- Outcome
- appeal allowed
- Legal Topics
- Master and Servant, Employers' Liability, Contributory Negligence, Defective Plant, Common Law Liability
Case Brief
Summary, issues, holding and outcome
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Parties
James Campbell
Pursuer
United Collieries, Limited
Defender
Procedural Posture
Reparation / Appeal From Dismissal for Irrelevancy
Legal Issues
- 1 Whether the pursuer's averments disclose a relevant case at common law and under the Employers' Liability Act 1880
- 2 Whether failure to discriminate between grounds of claim affects relevancy
- 3 Whether pursuer's averments disclose contributory negligence barring proof
Ratio Decidendi
The pursuer's averments constituted a relevant case both at common law and under the Employers' Liability Act, and did not so clearly disclose contributory negligence as to bar proof. There was no need for discrimination between grounds of claim where the factual basis was the same.
Court Disposition
appeal allowed
Orders
- interlocutor of Sheriff-Substitute recalled
- case remitted to Sheriff-Substitute to proceed
Full Case Text
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